Liens

A Judgment Lien is a lien placed on property by a creditor to recover a certain sum of money granted by a judgment awarded in court. The property can not be sold legally while the lien remains unpaid.

I am an attorney in Cleveland, Ohio, so I am speaking from the perspective on Ohio laws. There are some passive and some aggressive ways to contest a Mechanic's Lien. First the aggressive ways. You can force the hand of the lien claimant by either serving them with a notice to commence suit or by filing a lawsuit yourself for declaratory judgment. The declaratory judgment is fairly uncommon for this purpose, I have seen it done once since I have started practice in 1984. The Mechanic's Lien statute offers the project owner only one strong way to contest the lien. That is by forcing the lien claimant to either file a foreclosure action on the lien within 60 days of the date that they were served with the notice or lose its lien rights. The problem with serving a notice to commence suit is that you may get what you asked for. Don't ask unless you are prepared for it. Even if the lien is a bad lien, you will still have to defend yourself in court and try to prove the lien bad. Again in Ohio, if you are a homeowner and the lien is against your residence, you also have a paid in full defense (this defense is not available in commercial projects). You can give notice of payment in full under the statute and turn the statute against the lien claimant as, if they do not release the lien and you prove in court that you are right about payment in full, the lien claimant will be responsible for all of your resulting damamges, including attorneys fees. I have attached some articles that I wrote for the Builders Exchange Magazine that you might find interesting.

The payee is the one that receives a payment.

On a check or money order, the payee is the person the check is made out to. This is the person who can cash the check, or deposit it into his account. On a promissory note he is the one who receives the money from the loan.

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They often could not collect on debts

No, the bank will force the sale of the home in order to recover the debt. If this is only a portion of the debt, the remains of the proceeds will go to the next of kin.

This is why it is always a good idea to have life insurance.

A bank account would not be subject to seizure. The winning plaintiff could file an Abstract of Judgment with the county recorder's office in the county where the defendant resides. Such a judgment can only be used as a lien against real property. Florida allows unlimited homestead exemption. therefore depending on the specific circumstances, a lien could be "lifted" by a joint property owner or in some other way be declared invalid.

In order to look up a Federal Tax Lien all that is necessary is to walk into county courtshouse where the person in question lives or the property is located and and request to see if a Federal Tax Lien has been filed against a person or property. This public information that is available to anyone. A Tax Lien is a public legal notification that lets creditors know that the IRS has claims to ones' personal properties, thereby making it more difficult to borrow, sell or trade. The lien attaches to any property one owns (car, house) and it includes any properties acquired after the lien has been filed.

The IRS needs to meet the following criteria before filing a Tax Lien:

1. Assess a liability.

2. Send taxpayer a written notice and demand for payment.

3. Taxpayer refuses to pay the debt in full within 10 days after notification.

Regardless of the amount due, the IRS can and will place a lien against a taxpayer's social security number. Depending on the amount of the liability, years filed or unfiled, it is a good idea to reach out and find a competent Tax Consultant to help you determine your options and best ways to resolve your tax liability. Hope this helps. Roger Hadad, Effectur Inc., www.irs101.blogspot.com

No. They would need to obtain a judgment lien against you in court and provide proof that you asked them to pay your taxes and promised to pay them back. Otherwise, in Massachusetts, they would be considered a volunteer.

In most places you would have to start at the County or city office where those homeowners pay their annual land tax.

A person can have several liens in their names and still have a car put in their names.... NOW, if we are talking a bad debt lien, it will depend on the lender. It is best to be up front with the finance person first--they would know if they have a lender who will over look the lien. As far as buying the car from an individual--it shouldn't matter.

Depends upon the wording of the law in your particular state but usually, no. The seized property itself is the collateral for the amount owed - and in most cases is (or should be) worth more than the amount of "mechanics" lien.

First, send a certified letter to the lien claimant that the lien be released immediately (say, within 10 days). If there is no response, then you will need to file a lawsuit for slander of title against the lien claimant. Remember that liens expire--talk to an attorney in your state for info on your state's specific laws on liens.

Paul, as long as there is a lien on the car, it CAN be repossessed. It is up to the lender whether they want to repo or not. Some will, some wont. Your lender can seel the loan to another co. at a discount and the new lender could decide to repo. Good Luck

YES THEY CAN...But do they??? It depends.

There are situations when a person buys a brand new car and does not maintain it properly. Or the car begins to wear a couple yeasr into the agreement. There are situations where a person falls behind on payments because of hard times and certainly cant pay a car loan. Also they cant afford the maintainence on the car so the car breaks down bit by bit to the point its barely driveable or looks very little like the brand new car it was several years ago.

The repo people follow this guy and go to repossess the car and they look at it and call the finance company that hired them. The finance company decides they dont want the car...its in such bad shape...they just want the money. Therefore in some instances they choose not to take the car.

That happened to me back in the late 90's. In 1995 I bought a brand new 95 Hyundai Exel with AC, CD, Cassette, Power Windows, Auto Trans, etc for 7500 dollars. I pail 2000 in cash and financed 5500 dollars. My payments were 135 a month for 5 years. I paid on time and sometimes a few weeks late all along. Once I hit 30 days past due and the phone rang 10 times a day it seemed. I paid up.

Then in June of 1998 I lost my full time job. I had a part time job still and could only find another part time job quickly. With 2 part time jobs I was unable to make ends meet. Plus my live in girlfriend who made over 75000 a year broke up with me and moved out after 4 years. So from May till December I made no car payments in 1998. My long distance phone service was disconnected. I was only having to pay 15 a month for local service. I got food stamps and free electric through public assistance and my church. Plus they also helped pay my rent. My credit cards were insured so I did not have that monthly debt but the intrest accrued on them.

I just refused to answer my phone when it rang and Unavailable appeared on my ID. In January I got a new job making the 30000 dollars a year I made at the job I lost. I then contacted Hyundai and they stated the entire 2000 dollar balance was due. I arranged to pay 150 a month till it was paid off.

They then asked if I made repairs to my car. I said NO I did not have money yet. They stated they went to repossess the car but chose not to because of the moderate body damage, bald tires, cracked windshield, broken headlights, and when they followed me to my home they noticed smoke coming out of my muffler and loud noises and failed inspection sticker. They stated for 150 a month they would not repossess the car as long as I kept paying even if I restored the car. I did fix the brakes, muffler, lights, windshield, air conditioner for about 1200 dollars totally a month later. I kept making payments until the loan was paid off in the Fall of 2000. By 2001 they removed the default on my 3 credit reports. In 2002 I bought another Hyundai this time an Elantra for 10000 with 200 dollar monthly payments. So far I have kept them up.

Still in my personal experience they did not repossess the car due to the poor condition it was in. They found that they could get no money for selling it I guess.

a lien lasts against real property for 10 years and remains a personal debt against the person for 20 years, in most states. if you wish to pay off a lien, that can be done very quickly. if you wish to pay off a lien, what you must do is request a payoff letter from the cerditor or holder of the lien, then pay that sum to them, and get a satisfaction of lien, or release of lien from the creditor to file with the county clerk as soon as possible

State laws vary, but if there is a mechanics lien on your car, or your car is impounded by law enforcement because of drug possession, the answer is yes, yes they can.

Typically law enforcement will not impound and auction a car that has a lien on it for the value of, or more than the car is worth. A mechanics lien is different and they can have the car essentially repossessed, if they go through proper legal channels. Generally speaking, in most states, someone can't just come into your driveway, take your car, and then sell it to pay a debt without filing appropriate paperwork with the courts and legal authorities.

Even if you don't have money for an attorney, you can search your state laws online, seek legal aid at a college or free clinic, or do your own research at a college library that teaches law. They'll typically have books on the topics with how laws are handled in your own state.

Liens, in just about every state are for the protection of the creditor, not the debtor.

You state laws will define what is expected for all liens that are filed. If you want to check if there are existing liens consult the county's public records.

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Brand, You COULDNT trade so you bought 2 more vehicles?? Is that correct?? IF so, you BEST move would be to sell the upside down car and put whatever you have to with what you get from selling to PAYOFF the loan. Sounds dumb huh? That is the CHEAPEST way out and keep good credit. Anything else will be MORE money AND collections. Collections usually include garnishment of your wages. If you know getting upside down was not smart, then you know this is the best way out. And please dont let a "friend" take up the notes. That only works in 1 out of 25000 cases. You'll probably be back in 2 months crying that your 'friend" didnt make the payments and "HOW do I get my car back".Please make the right decision this time. Good Luck

Takes 2-3 weeks. The bank or lien holder has to sign off on the car.

You will not legally be able to sell the property if the girlfriend has a life interest unless you have her consent. She will expect some compensation, that needs to be negotiated with the estate. For example, the sale proceeds could be used to provide another property for her to live in during her lifetime. I would like to add this: It is true that the girlfriend will have to consent to the sale and even sign the contract for sale of the house and deed. Therefore, she will have to be satisfied with the price you're getting for the house as well as her share from the very beginning. In fact, if she were so inclined, she could just refuse to sell. How much do you have to give her? The value of a life estate is determined by using what are called "mortality tables". These tables calculate the expected lifetime of the girlfriend in order to get an idea of the value of her life estate expressed in terms of a percentage of the value of the property. As an example, the life expectancy of a 20 year old person is longer than the life expectancy of an 80 year old person. For this reason the value of the life estate of the 20 year old is greater than the value of the life estate for the 80 year old. These tables exist for tax purposes mainly and the girlfriend is free to hold out for a bigger cut. That's where the negotiation mentioned above comes in. Usually in these situations, the life tenant just takes a percentage of the net sale proceeds and goes.

Yes. If the association has exhausted all other means in its power to collect the debt that you owe, unsuccessfully, then the association can sell the property.

Certain statutory requirements must be met. See related link.

The collection agent would have to file a lien against your assets, AND prove their case, but, yes, if you have verifiable unpaid medical bills a lien CAN be placed against your assets by the court.

Once a valid lien is placed on a bank account, it is frozen. The bank is not allowed to let any money out of that account. This means that any checks written on the account that are still outstanding are going to bounce. In most states, the lien is just the first step of the process. The bank probably has to hold the money there for some period of time without giving any to the owner or to the lienholder. This period of time is given to allow the owner to go to court to explain why the money should not be turned over to the lienholder. If the owner goes to court and the court does not agree with those reasons, the bank will be authorized to give the lienholder the money. Also, if you ignore this time period, then the bank wwill turn the money over to the lienholder when the time period expires. You should also be aware that in most states, a lien will put a hold only on the money that is in the account at the time the lien is given to the bank. This means that deposits made after the lien has been filed (such as direct deposits or deposits made without knowing about the lien) may be given to the owner. They are not subject to the lien. And don't let banks tell you any different. You would be shocked at how stupid some banks are about this. Check your state's laws to be sure yours is like this.

You will need to file a civil suit in the county in which the ex spouse resides. If you are awarded a judgment you may then execute it in the manner allowed by the laws of the state in which the defendant lives.